SRC-VRA S.B. 1498 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1498
78R6561 YDB-FBy: Madla
Health & Human Services
3/27/2003
As Filed


DIGEST AND PURPOSE 

Home and community support services agencies (HCCSAs) provide home health,
hospice and/or personal assistance services to an individual in the
individual's residence or an independent living environment.  In 1999,
licensing of HCCSAs was transferred from the Texas Department of Health
(TDH) to the Texas Department of Human Services (DHS).  As proposed, S.B.
1498 clarifies current law resulting from the transfer of licensure from
TDH to DHS.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 142.001, Health and Safety Code, by amending
Subdivisions (6), (13), and (22) and adding Subdivision (22-a), as
follows: 

 (6) Redefines "certified agency."

 (13)  Redefines "home health services."

 (22)  Redefines "personal assistance service."

 (22-a)  Defines "personal care."

SECTION 2.  Amends Section 142.002, Health and Safety Code, by adding
Subsection (f), to prohibit a person who is not licensed to provide
personal assistance services under this chapter from indicating or
implying that the person is licensed to provide personal assistance
services by the use of the words "personal assistance services" or in any
other manner. 

SECTION 3.  Amends Section 142.003(a), Health and Safety Code, to provide
that a person that provides home health, hospice, or personal assistance
services only to persons enrolled in a program funded wholly or partly by
the Texas Department of Mental Health and Mental Retardation (TDMHMR) and
monitored by the TDMHMR or its designated local authority in accordance
with standards set by the Texas Department of Mental Health and Mental
Retardation need not be licensed under this chapter.  Redesignates
existing Subdivision (18) as (19).  

SECTION 4.  Amends Section 142.009(j), Health and Safety Code, to delete a
reference in existing text. 

SECTION 5.  Amends Section 142.016(a), Health and Safety Code, to require
periodic, rather than annual, review of a memorandum of understanding
bettwen the Board of Nurse Examiners and TDMHMR. 

SECTION 6.  Amends Sections 142.018(b) and (c), Health and Safety Code, as
follows: 

(b)  Adds "unlicensed" as a modifier for employee relating to cases of
abuse, exploitation, or neglect.  Deletes reference in existing text and
makes a conforming change. 
 
(c)  Authorizes an investigation of alleged abuse, exploitation, or
neglect to be conducted without an on-site survey, as appropriate. 

SECTION 7.  Repealer:(1)  Sections 142.006(d), (e), and (f), Health and
Safety Code (License Issuance; Term); 
    
(2)  Section 142.009(i), Health and Safety Code (Surveys; Consumer
Complaints) and; 

(3)  Section 142.076 [142.076 not found in Health and Safety Code], Health
and Safety Code. 

SECTION 8.  Effective date:  September 1, 2003.